Legal Opinion · Dissent

White Rubber Co. v. Lindley

Ohio Supreme Court

Decided March 31, 1981No. 80-653Published

1DissentCelebrezze, C. J.

I must respectfully dissent from today’s decision which fashions a tax exemption that I am unable to find in my copy of R. C. 5709.21. With one judicial body blow, the majority eviscerates fundamental principles of Ohio tax law, the doctrine of stare decisis and the explicit language of R. C. 5709.21.

Initially, it is imperative to note that the taxpayer’s vapor adsorption system recovers hydrocarbons which are, in turn, reused in the production process, thus effecting a sizeable cost-savings for the taxpayer, which is commendable, but not the objective of this tax exemption.

R. C. 5709.21…

2Cases cited10 opinions

  1. Philada Home Fund v. Board of Tax AppealsOhio Supreme Court · 1966
  2. City of Cleveland v. PerkOhio Supreme Court · 1972
  3. Galvin v. Masonic Toledo TrustOhio Supreme Court · 1973
  4. Division of Conservation & Natural Resources v. Board of Tax AppealsOhio Supreme Court · 1948
  5. Westinghouse Electric Corp. v. LindleyOhio Supreme Court · 1979

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